Senate Bill sb0976c1

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    Florida Senate - 2005                            CS for SB 976

    By the Committee on Environmental Preservation; and Senator
    Jones




    592-2136-05

  1                      A bill to be entitled

  2         An act relating to hazard mitigation for

  3         coastal redevelopment; amending s. 163.3164,

  4         F.S.; defining the term "local mitigation

  5         strategy" for purposes of the Local Government

  6         Comprehensive Planning and Land Development

  7         Regulation Act; amending s. 163.3177, F.S.;

  8         providing an additional requirement for a local

  9         government's comprehensive plan concerning

10         hazard mitigation; amending s. 163.3178, F.S.;

11         revising provisions with respect to coastal

12         management; authorizing a demonstration project

13         in certain counties to allow for the

14         redevelopment of coastal areas within the

15         designated coastal high-hazard area; providing

16         conditions; providing for application by a

17         local government; providing for a written

18         agreement between the state land planning

19         agency and the local government; providing for

20         a progress report to the Governor and the

21         Legislature; amending ss. 186.515, 288.975, and

22         369.303, F.S.; correcting cross-references to

23         conform; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 163.3164, Florida Statutes, is

28  amended to read:

29         163.3164  Local Government Comprehensive Planning and

30  Land Development Regulation Act; definitions. As used in this

31  act:

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 1         (1)  "Administration Commission" means the Governor and

 2  the Cabinet, and for purposes of this chapter the commission

 3  shall act on a simple majority vote, except that for purposes

 4  of imposing the sanctions provided in s. 163.3184(11),

 5  affirmative action shall require the approval of the Governor

 6  and at least three other members of the commission.

 7         (2)  "Area" or "area of jurisdiction" means the total

 8  area qualifying under the provisions of this act, whether this

 9  be all of the lands lying within the limits of an incorporated

10  municipality, lands in and adjacent to incorporated

11  municipalities, all unincorporated lands within a county, or

12  areas comprising combinations of the lands in incorporated

13  municipalities and unincorporated areas of counties.

14         (3)  "Coastal area" means the 35 coastal counties and

15  all coastal municipalities within their boundaries designated

16  coastal by the state land planning agency.

17         (4)  "Comprehensive plan" means a plan that meets the

18  requirements of ss. 163.3177 and 163.3178.

19         (5)  "Developer" means any person, including a

20  governmental agency, undertaking any development as defined in

21  this act.

22         (6)  "Development" has the meaning given it in s.

23  380.04.

24         (7)  "Development order" means any order granting,

25  denying, or granting with conditions an application for a

26  development permit.

27         (8)  "Development permit" includes any building permit,

28  zoning permit, subdivision approval, rezoning, certification,

29  special exception, variance, or any other official action of

30  local government having the effect of permitting the

31  development of land.

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 1         (9)  "Governing body" means the board of county

 2  commissioners of a county, the commission or council of an

 3  incorporated municipality, or any other chief governing body

 4  of a unit of local government, however designated, or the

 5  combination of such bodies where joint utilization of the

 6  provisions of this act is accomplished as provided herein.

 7         (10)  "Governmental agency" means:

 8         (a)  The United States or any department, commission,

 9  agency, or other instrumentality thereof.

10         (b)  This state or any department, commission, agency,

11  or other instrumentality thereof.

12         (c)  Any local government, as defined in this section,

13  or any department, commission, agency, or other

14  instrumentality thereof.

15         (d)  Any school board or other special district,

16  authority, or governmental entity.

17         (11)  "Land" means the earth, water, and air, above,

18  below, or on the surface, and includes any improvements or

19  structures customarily regarded as land.

20         (12)  "Land use" means the development that has

21  occurred on the land, the development that is proposed by a

22  developer on the land, or the use that is permitted or

23  permissible on the land under an adopted comprehensive plan or

24  element or portion thereof, land development regulations, or a

25  land development code, as the context may indicate.

26         (13)  "Local government" means any county or

27  municipality.

28         (14)  "Local mitigation strategy" means a local plan

29  required under Section 322, Mitigation Planning, of the Robert

30  T. Stafford Disaster Relief and Emergency Assistance Act,

31  enacted by Section 104 of the Disaster Mitigation Act of 2000

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 1  (Pub. L. No. 106-390) to promote hazard mitigation and to

 2  manage disaster redevelopment.

 3         (15)(14)  "Local planning agency" means the agency

 4  designated to prepare the comprehensive plan or plan

 5  amendments required by this act.

 6         (16)(15)  A "newspaper of general circulation" means a

 7  newspaper published at least on a weekly basis and printed in

 8  the language most commonly spoken in the area within which it

 9  circulates, but does not include a newspaper intended

10  primarily for members of a particular professional or

11  occupational group, a newspaper whose primary function is to

12  carry legal notices, or a newspaper that is given away

13  primarily to distribute advertising.

14         (17)(16)  "Parcel of land" means any quantity of land

15  capable of being described with such definiteness that its

16  locations and boundaries may be established, which is

17  designated by its owner or developer as land to be used, or

18  developed as, a unit or which has been used or developed as a

19  unit.

20         (18)(17)  "Person" means an individual, corporation,

21  governmental agency, business trust, estate, trust,

22  partnership, association, two or more persons having a joint

23  or common interest, or any other legal entity.

24         (19)(18)  "Public notice" means notice as required by

25  s. 125.66(2) for a county or by s. 166.041(3)(a) for a

26  municipality. The public notice procedures required in this

27  part are established as minimum public notice procedures.

28         (20)(19)  "Regional planning agency" means the agency

29  designated by the state land planning agency to exercise

30  responsibilities under law in a particular region of the

31  state.

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 1         (21)(20)  "State land planning agency" means the

 2  Department of Community Affairs.

 3         (22)(21)  "Structure" has the meaning given it by s.

 4  380.031(19).

 5         (23)(22)  "Land development regulation commission"

 6  means a commission designated by a local government to develop

 7  and recommend, to the local governing body, land development

 8  regulations which implement the adopted comprehensive plan and

 9  to review land development regulations, or amendments thereto,

10  for consistency with the adopted plan and report to the

11  governing body regarding its findings. The responsibilities of

12  the land development regulation commission may be performed by

13  the local planning agency.

14         (24)(23)  "Land development regulations" means

15  ordinances enacted by governing bodies for the regulation of

16  any aspect of development and includes any local government

17  zoning, rezoning, subdivision, building construction, or sign

18  regulations or any other regulations controlling the

19  development of land, except that this definition shall not

20  apply in s. 163.3213.

21         (25)(24)  "Public facilities" means major capital

22  improvements, including, but not limited to, transportation,

23  sanitary sewer, solid waste, drainage, potable water,

24  educational, parks and recreational, and health systems and

25  facilities, and spoil disposal sites for maintenance dredging

26  located in the intracoastal waterways, except for spoil

27  disposal sites owned or used by ports listed in s.

28  403.021(9)(b).

29         (26)(25)  "Downtown revitalization" means the physical

30  and economic renewal of a central business district of a

31  

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 1  community as designated by local government, and includes both

 2  downtown development and redevelopment.

 3         (27)(26)  "Urban redevelopment" means demolition and

 4  reconstruction or substantial renovation of existing buildings

 5  or infrastructure within urban infill areas or existing urban

 6  service areas.

 7         (28)(27)  "Urban infill" means the development of

 8  vacant parcels in otherwise built-up areas where public

 9  facilities such as sewer systems, roads, schools, and

10  recreation areas are already in place and the average

11  residential density is at least five dwelling units per acre,

12  the average nonresidential intensity is at least a floor area

13  ratio of 1.0 and vacant, developable land does not constitute

14  more than 10 percent of the area.

15         (29)(28)  "Projects that promote public transportation"

16  means projects that directly affect the provisions of public

17  transit, including transit terminals, transit lines and

18  routes, separate lanes for the exclusive use of public transit

19  services, transit stops (shelters and stations), office

20  buildings or projects that include fixed-rail or transit

21  terminals as part of the building, and projects which are

22  transit oriented and designed to complement reasonably

23  proximate planned or existing public facilities.

24         (30)(29)  "Existing urban service area" means built-up

25  areas where public facilities and services such as sewage

26  treatment systems, roads, schools, and recreation areas are

27  already in place.

28         (31)(30)  "Transportation corridor management" means

29  the coordination of the planning of designated future

30  transportation corridors with land use planning within and

31  adjacent to the corridor to promote orderly growth, to meet

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 1  the concurrency requirements of this chapter, and to maintain

 2  the integrity of the corridor for transportation purposes.

 3         (32)(31)  "Optional sector plan" means an optional

 4  process authorized by s. 163.3245 in which one or more local

 5  governments by agreement with the state land planning agency

 6  are allowed to address development-of-regional-impact issues

 7  within certain designated geographic areas identified in the

 8  local comprehensive plan as a means of fostering innovative

 9  planning and development strategies in s. 163.3177(11)(a) and

10  (b), furthering the purposes of this part and part I of

11  chapter 380, reducing overlapping data and analysis

12  requirements, protecting regionally significant resources and

13  facilities, and addressing extrajurisdictional impacts.

14         Section 2.  Paragraphs (a) and (g) of subsection (6) of

15  section 163.3177, Florida Statutes, are amended to read:

16         163.3177  Required and optional elements of

17  comprehensive plan; studies and surveys.--

18         (6)  In addition to the requirements of subsections

19  (1)-(5), the comprehensive plan shall include the following

20  elements:

21         (a)  A future land use plan element designating

22  proposed future general distribution, location, and extent of

23  the uses of land for residential uses, commercial uses,

24  industry, agriculture, recreation, conservation, education,

25  public buildings and grounds, other public facilities, and

26  other categories of the public and private uses of land.

27  Counties are encouraged to designate rural land stewardship

28  areas, pursuant to the provisions of paragraph (11)(d), as

29  overlays on the future land use map. Each future land use

30  category must be defined in terms of uses included, and must

31  include standards to be followed in the control and

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 1  distribution of population densities and building and

 2  structure intensities. The proposed distribution, location,

 3  and extent of the various categories of land use shall be

 4  shown on a land use map or map series which shall be

 5  supplemented by goals, policies, and measurable objectives.

 6  The future land use plan shall be based upon surveys, studies,

 7  and data regarding the area, including the amount of land

 8  required to accommodate anticipated growth; the projected

 9  population of the area; the character of undeveloped land; the

10  availability of public services; the vulnerability to natural

11  hazards and the potential need for hazard mitigation; the need

12  for redevelopment, including the renewal of blighted areas and

13  the elimination of nonconforming uses which are inconsistent

14  with the character of the community; the compatibility of uses

15  on lands adjacent to or closely proximate to military

16  installations; and, in rural communities, the need for job

17  creation, capital investment, and economic development that

18  will strengthen and diversify the community's economy. The

19  future land use plan may designate areas for future planned

20  development use involving combinations of types of uses for

21  which special regulations may be necessary to ensure

22  development in accord with the principles and standards of the

23  comprehensive plan and this act. The future land use plan

24  element shall include criteria to be used to achieve the

25  compatibility of adjacent or closely proximate lands with

26  military installations. In addition, for rural communities,

27  the amount of land designated for future planned industrial

28  use shall be based upon surveys and studies that reflect the

29  need for job creation, capital investment, and the necessity

30  to strengthen and diversify the local economies, and shall not

31  be limited solely by the projected population of the rural

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 1  community. The future land use plan of a county may also

 2  designate areas for possible future municipal incorporation.

 3  The land use maps or map series shall generally identify and

 4  depict historic district boundaries and shall designate

 5  historically significant properties meriting protection.  The

 6  future land use element must clearly identify the land use

 7  categories in which public schools are an allowable use.  When

 8  delineating the land use categories in which public schools

 9  are an allowable use, a local government shall include in the

10  categories sufficient land proximate to residential

11  development to meet the projected needs for schools in

12  coordination with public school boards and may establish

13  differing criteria for schools of different type or size.

14  Each local government shall include lands contiguous to

15  existing school sites, to the maximum extent possible, within

16  the land use categories in which public schools are an

17  allowable use. All comprehensive plans must comply with the

18  school siting requirements of this paragraph no later than

19  October 1, 1999. The failure by a local government to comply

20  with these school siting requirements by October 1, 1999, will

21  result in the prohibition of the local government's ability to

22  amend the local comprehensive plan, except for plan amendments

23  described in s. 163.3187(1)(b), until the school siting

24  requirements are met. Amendments proposed by a local

25  government for purposes of identifying the land use categories

26  in which public schools are an allowable use or for adopting

27  or amending the school-siting maps pursuant to s. 163.31776(3)

28  are exempt from the limitation on the frequency of plan

29  amendments contained in s. 163.3187. The future land use

30  element shall include criteria that encourage the location of

31  schools proximate to urban residential areas to the extent

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 1  possible and shall require that the local government seek to

 2  collocate public facilities, such as parks, libraries, and

 3  community centers, with schools to the extent possible and to

 4  encourage the use of elementary schools as focal points for

 5  neighborhoods. For schools serving predominantly rural

 6  counties, defined as a county with a population of 100,000 or

 7  fewer, an agricultural land use category shall be eligible for

 8  the location of public school facilities if the local

 9  comprehensive plan contains school siting criteria and the

10  location is consistent with such criteria. Local governments

11  required to update or amend their comprehensive plan to

12  include criteria and address compatibility of adjacent or

13  closely proximate lands with existing military installations

14  in their future land use plan element shall transmit the

15  update or amendment to the department by June 30, 2006.

16         (g)  For those units of local government identified in

17  s. 380.24, a coastal management element, appropriately related

18  to the particular requirements of paragraphs (d) and (e) and

19  meeting the requirements of s. 163.3178(2) and (3).  The

20  coastal management element shall set forth the policies that

21  shall guide the local government's decisions and program

22  implementation with respect to the following objectives:

23         1.  Maintenance, restoration, and enhancement of the

24  overall quality of the coastal zone environment, including,

25  but not limited to, its amenities and aesthetic values.

26         2.  Continued existence of viable populations of all

27  species of wildlife and marine life.

28         3.  The orderly and balanced utilization and

29  preservation, consistent with sound conservation principles,

30  of all living and nonliving coastal zone resources.

31  

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 1         4.  Avoidance of irreversible and irretrievable loss of

 2  coastal zone resources.

 3         5.  Ecological planning principles and assumptions to

 4  be used in the determination of suitability and extent of

 5  permitted development.

 6         6.  Proposed management and regulatory techniques.

 7         7.  Limitation of public expenditures that subsidize

 8  development in high-hazard coastal areas.

 9         8.  Protection of human life against the effects of

10  natural disasters and implementation of hazard-mitigation

11  strategies.

12         9.  The orderly development, maintenance, and use of

13  ports identified in s. 403.021(9) to facilitate deepwater

14  commercial navigation and other related activities.

15         10.  Preservation, including sensitive adaptive use of

16  historic and archaeological resources.

17         Section 3.  Paragraphs (d) and (f) of subsection (2) of

18  section 163.3178, Florida Statutes, are amended, and

19  subsection (9) is added to that section, to read:

20         163.3178  Coastal management.--

21         (2)  Each coastal management element required by s.

22  163.3177(6)(g) shall be based on studies, surveys, and data;

23  be consistent with coastal resource plans prepared and adopted

24  pursuant to general or special law; and contain:

25         (d)  A component that which outlines principles for

26  hazard mitigation and protection of human life and property

27  against the effects of natural disaster, including population

28  evacuation and local mitigation strategies that, which take

29  into consideration the capability to safely evacuate the

30  density of coastal population proposed in the future land use

31  plan element in the event of an impending natural disaster.

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 1         (f)  A redevelopment component that which outlines the

 2  principles to which shall be used to eliminate inappropriate

 3  and unsafe development in the coastal areas when opportunities

 4  arise. In recognition of the need to balance redevelopment,

 5  the protection of human life and property, and public

 6  investment in infrastructure, as a demonstration project, up

 7  to five local governments or a combination of local

 8  governments may amend their comprehensive plans to allow for

 9  the redevelopment of coastal areas within the designated

10  coastal high-hazard area. The application must include the

11  participation of the county emergency management agency, as

12  provided in s. 252.38, in which the local government or local

13  governments are located.

14         1.  To be eligible for the coastal redevelopment

15  demonstration project, the following conditions must be met:

16  the comprehensive plan delineates the Flood Insurance Rate Map

17  zones, the Coastal Construction Control Line, and the Coastal

18  Barrier Resources System Area (COBRA) units for the area

19  subject to the coastal redevelopment strategy; the area is

20  part of a comprehensive redevelopment strategy that will be

21  incorporated into the comprehensive plan; the area has been

22  designated in the comprehensive plan as an urban infill and

23  redevelopment area under s. 163.2517 or an adopted community

24  redevelopemnt plan under s. 163.360 which is incorporated as a

25  component of the comprehensive plan; the area is not within a

26  designated area of critical state concern; the comprehensive

27  plan delineates the coastal high-hazard area consistent with

28  this part; and the county emergency management agency affirms

29  in writing its intent to participate in the demonstration

30  project.

31  

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 1         2.  The local government or combination of local

 2  governments, authorized by agreement pursuant to paragraph

 3  (9)(b) to pursue the demonstration project, shall adopt into

 4  the comprehensive plan a redevelopment strategy, consistent

 5  with the requirements of s. 163.3177(6)(a) and local

 6  mitigation strategies, which includes, at a minimum, the

 7  following components:

 8         a.  Measures to reduce, replace, or eliminate unsafe

 9  structures and properties subject to repetitive damage from

10  coastal storms and floods;

11         b.  Measures to reduce exposure of infrastructure to

12  hazards, including relocation and structural modification of

13  threatened coastal infrastructure;

14         c.  Operational and capacity improvements to ensure

15  that the redevelopment strategy maintains or reduces

16  throughout the planning timeframe the county hurricane

17  evacuation clearance times as established in the most recent

18  hurricane evacuation study or transportation analysis;

19         d.  If the county hurricane evacuation clearance times

20  exceed 16 hours for a Category 3 storm event, measures to

21  ensure that the redevelopment strategy reduces the county

22  shelter deficit and hurricane clearance times to adequate

23  levels below 16 hours within the planning timeframe;

24         e.  Measures that provide for county evacuation shelter

25  space to ensure that development authorized within the

26  redevelopment area provides mitigation proportional to its

27  impact to offset the increased demand on evacuation clearance

28  times and public shelter space;

29         f.  Measures to ensure that public expenditures that

30  subsidize development in the most vulnerable areas of the

31  coastal high hazard area are limited to those expenditures

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 1  needed to provide for public access to the beach and

 2  shoreline, restore beaches and dunes and other natural

 3  systems, correct existing hurricane evacuation deficiencies,

 4  or to make facilities more disaster resistant;

 5         g.  Measures that commit to planning and regulatory

 6  standards that exceed minimum National Flood Insurance

 7  Standards, including participation in the Community Rating

 8  System of the National Flood Insurance Program;

 9         h.  Measures to ensure protection of coastal resources,

10  including beach and dune systems, and provision for public

11  access to the beach and shoreline consistent with estimated

12  public needs;

13         i.  Data and analysis, including existing damage

14  potential and the proportionate potential costs of damage to

15  structures, property, and infrastructure under the

16  redevelopment strategy, which would need to be less than that

17  proportionately expected without the redevelopment strategy;

18         j.  Data and analysis forecasting the effects on

19  shelter capacity and hurricane evacuation clearance times,

20  based on the population anticipated by the redevelopment

21  strategy; and

22         k.  The execution of an interlocal agreement, as

23  supporting data and analysis, between the local government or

24  a combination of local governments participating in the

25  demonstration project, together with their respective county

26  emergency management agency and any affected municipalities,

27  as needed, to implement mitigation strategies to reduce

28  hurricane evacuation clearance times and deficits in public

29  shelters.

30  

31  

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 1  The redevelopment strategy must establish the preferred

 2  character of the community and how that will be achieved.

 3         (9)(a)  A local government seeking to implement the

 4  coastal redevelopment demonstration project pursuant to

 5  paragraph (2)(f) must submit an application to the state land

 6  planning agency demonstrating that the project meets the

 7  conditions of subparagraph (2)(f)1. The application must

 8  include copies of the local government comprehensive plan and

 9  other relevant information supporting the proposed

10  demonstration project. The state land planning agency may

11  adopt procedural rules governing the submission, review, and

12  selection of applications and may establish a phased schedule

13  for reviewing applications. The department shall begin

14  accepting applications no later than July 1, 2006. The state

15  land planning agency shall provide the Federal Emergency

16  Management Agency and the Division of Emergency Management

17  with an opportunity to comment on the application.

18         (b)  If a selected local government meets the

19  conditions of subparagraph (2)(f)1., the state land planning

20  agency and the local government shall execute a written

21  agreement that is a final agency action subject to challenge

22  under s. 120.569. The written agreement must identify the area

23  subject to the increase in development potential, including

24  residential and transient residential development; state the

25  amount of such increase; identify the most vulnerable areas

26  not subject to increases in development; and describe how the

27  conditions of subparagraph (2)(f)2. are to be met. The state

28  land planning agency shall coordinate the review of hazard

29  mitigation strategies with the Federal Emergency Management

30  Agency and the Division of Emergency Management and include in

31  the written agreement conditions necessary to be addressed in

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 1  the comprehensive plan to meet the requirements of hurricane

 2  evacuation, shelter, and hazard mitigation. The agreement must

 3  specify procedures for public participation and

 4  intergovernmental coordination with the county emergency

 5  management agency and any affected municipalities regarding

 6  hurricane evacuation and shelter requirements. The local

 7  governments shall provide an opportunity for public comment at

 8  a public hearing before execution of the agreement. Upon

 9  execution of the written agreement, the local government may

10  propose plan amendments that are authorized by the agreement;

11  however, such plan amendments may not be adopted until the

12  completion of any challenges to an agreement under s. 120.569.

13         (c)  The state land planning agency shall provide a

14  progress report on the demonstration project to the Governor,

15  the President of the Senate, and the Speaker of the House of

16  Representatives by February 1, 2007. In its report, the state

17  land planning agency shall assess whether the program has

18  successfully implemented mitigation strategies and whether the

19  program should continue or be expanded to include additional

20  communities.

21         Section 4.  Section 186.515, Florida Statutes, is

22  amended to read:

23         186.515  Creation of regional planning councils under

24  chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and

25  this section 186.515 is intended to repeal or limit the

26  provisions of chapter 163; however, the local general-purpose

27  governments serving as voting members of the governing body of

28  a regional planning council created pursuant to ss.

29  186.501-186.507, 186.513, and this section 186.515 are not

30  authorized to create a regional planning council pursuant to

31  chapter 163 unless an agency, other than a regional planning

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 1  council created pursuant to ss. 186.501-186.507, 186.513, and

 2  this section 186.515, is designated to exercise the powers and

 3  duties in any one or more of ss. 163.3164(20) 163.3164(19) and

 4  380.031(15); in which case, such a regional planning council

 5  is also without authority to exercise the powers and duties in

 6  s. 163.3164(20) s. 163.3164(19) or s. 380.031(15).

 7         Section 5.  Paragraph (a) of subsection (2) of section

 8  288.975, Florida Statutes, is amended to read:

 9         288.975  Military base reuse plans.--

10         (2)  As used in this section, the term:

11         (a)  "Affected local government" means a local

12  government adjoining the host local government and any other

13  unit of local government that is not a host local government

14  but that is identified in a proposed military base reuse plan

15  as providing, operating, or maintaining one or more public

16  facilities as defined in s. 163.3164(25) s. 163.3164(24) on

17  lands within or serving a military base designated for closure

18  by the Federal Government.

19         Section 6.  Subsection (5) of section 369.303, Florida

20  Statutes, is amended to read:

21         369.303  Definitions.--As used in this part:

22         (5)  "Land development regulation" means a regulation

23  covered by the definition in s. 163.3164(24) s. 163.3164(23)

24  and any of the types of regulations described in s. 163.3202.

25         Section 7.  This act shall take effect upon becoming a

26  law.

27  

28          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
29                         Senate Bill 976

30                                 

31  The committee substitute makes several changes, none of which
    are substantive.
                                  17

CODING: Words stricken are deletions; words underlined are additions.